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CAPE CANAVERAL PLANNING & ZONINGBOARD/LAND PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
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January 27, 2021
6:00 P.M.
COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting
will be held both in-person and virtually by communications media technology (CMT).
Instructions for the public to attend and provide public comments during this meeting are
accessible at www.cityofcapecanaveral.org/instructions.
CALL TO ORDER
ROLL CALL
PUBLIC PARTICIPATION Member of the public may provide comments to the Planning &
Zoning Board/Land Planning Agency (PZB) regarding matters not on the agenda provided that
the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and
law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB
meeting. Public comments related to public hearing Agenda Items will occur during the public
hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g.
approval of agenda, minutes, informational items). Members of the public will limit their
comments to three (3) minutes. The PZB will not take any action under the “Public Participation”
section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule
matters commented upon during public participation at a future PZB meeting.
OLD BUSINESS
NEW BUSINESS
A. Board Matters:
1. Approval of Meeting Minutes – December 9, 2020
B. Comprehensive Plan Amendments (Legislative – Public Hearings):
1.Consideration and Recommendation of Ordinance No. XX-2021; an Ordinance of the City
Council of the City of Cape Canaveral, Florida, amending Chapter 98, Subdivisions, Division
5. – lot splits to authorize certain unapproved lot splits occurring prior to march 16, 2010
under the requirements set forth herein; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the code, severability and an effective date.
2. Consideration and Recommendation of Ordinance No. 10-2021; amending Section 110-
486 of the City Code regulating vacation rentals; making findings of facts; providing for
definitions; requiring vacation rental registration; requiring inspections; specifying duties
PZB Agenda – January 27, 2021
Page 2 of 2
of vacation rental owners and allowing agents; providing for maximum occupancy;
providing limited exceptions for pre-existing contracts; providing requirements of vacation
rental owners and agents related to sexual predators and offenders; requiring provisions
for providing and posting safety information for occupants of vacation rentals; providing
restrictions related to accessory structures; providing enforcement; providing for other
miscellaneous provisions; providing for the repeal of prior inconsistent Ordinances and
Resolutions, incorporation into the Code, severability and an effective date.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter
considered at this meeting, that person will need a record of the proceedings, and for such purpose that
person may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by
the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans
with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk’s office \[(321) 868-1220 x207 or x206\] 48 hours in advance of the meeting.
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING BOARDMEETING · JANUARY 27, 2021
AGENDA ITEM SUMMARY · ITEM # ___
Subject:OrdinanceNo. XX-2021; an Ordinance of the City Council of the City of Cape Canaveral,
Florida, amending Chapter 98, Subdivisions, Division 5. – lot splits to authorize certain unapproved
lot splits occurring prior to march 16, 2010 under the requirements set forth herein; providing for
the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability
and an effective date.
Department:Community & Economic Development (CED) Department
Summary:In 2010, the City passed Ordinance No. 03-2010, which among other things, revised the
City’s platting process as well as established an abbreviated lot split procedure for the subdivision
of one lot into two lots. The new lot split process required that an application first be considered
by the Planning and Zoning Board, who would make a recommendation to the Council for final
action. If approved by the City, the lot split documents would be recorded with the Brevard County
Property Appraiser and in the Clerk of Court’s public records.
In 2017, with the passage of Ordinance No. 08-2017, the City revised its long-standing definition of
a subdivision to include the “division of a tract of land into three or more lots or parcels for the
purpose of transfer of ownership or building development or, if a new street is involved, any division
of a tract of land. The term “subdivision” includes resubdivision and replatting, and, when
appropriate to the context, shall relate to the process of subdividing or the land subdivided.”
Ordinance No. 08-2017 also established the Lot Split and Lot Line Adjustment process. A Lot Split
is defined as the “division of a tract of land or lot that will result in the creation of exactly one
additional lot or tract of land provided the lot or tract of land to be split is a previously platted lot
or legal description of record”, while a Lot Line Adjustment is an adjustment of a lot line between
contiguous lots or parcels which may be platted or unplatted and which are under separate
ownership or the same ownership. A Lot Line Adjustment shall not result in the creation of a new
lot.
Generally, the process for a lot split or lot line adjustment with the City includes, but may not be
limited to the following steps:
1. Pre-application meeting;
2. Application submittal (to include all required documentation);
3. City staff review;
4. Public hearing (P&Z Board/City Council);
5. Notice to affected/adjacent property owners; and
6. Recording (official public record)
The issue arises however, when property owners do not obtain City approval of the subdivision of
land into two or more parcels as required by Code. Staff is aware of property owners, prior to the
adoption of the lot split regulations in 2010, that divided a tract of land or platted a lot into two
tracts or lots without complying with the City subdivision regulations. Instead, these property
owners recorded deeds with Brevard County, but did not go through the City’s process.
City of Cape Canaveral
City Council Meeting · January 27, 2021
Agenda Item # ___
Page 2 of 2
This becomes problematicasthe new lots do not move through the City process above and may
not meet other sections or requirements in the City’s Code (for example: dimensional requirements
specified as outlined in Chapter 110). In some cases, these unauthorized lots have been conveyed
to subsequent owners that may not be aware that the lot or tract of land was divided by the previous
property owner without complying with the City’s subdivision regulations.
In response, the City Attorney has prepared OrdinanceNo.XX-2021(attached)to amend Chapter
98-Subdivisions to recognize certain lot splits that were recorded in the official public records
without the City’s written approval that occurred prior to March 16, 2010. To be eligible for relief
under the proposed Ordinance, the following criteria must be met:
a. Each of the two lots or parcels created by the lot split are adjacent and have direct ingress
and egress to a public or approved private street.
b. Each of the two lots or parcels created by the lot split comply with the minimum lot size
requirements set forth in the city code unless a waiver or variance is granted pursuant to
applicable law.
c. The current owner(s) of the affected lots or parcels was not the owner of the lot or parcel at
the time the unauthorized lot split occurred and was recorded in the official public records
of Brevard County. Such owner(s) must comply with the lot split application requirements
and criteria set forth in this section and obtain an after-the-fact lot split permit.
d. The affected lots or parcels were not previously aggregated and unified together to
construct a building or structure permitted by the City.
e. The city manager or designee determines that the lots or parcels are compatible and in
harmony with the surrounding neighborhood including with respect to the size of existing
surrounding lots and development trends in the neighborhood which have been previously
approved by the city council.
The restriction to further divisions of an approved lot split, except through the plat review and
approval process remains.
Submitted By: Brenda Surprenant Date:
Attachment:
Ordinance XX-2021
The CED Staff recommends that the Planning and Zoning Board take the following action:
Recommend approval of Ordinance No. XX-2021 to the City Council.
Approved by the CED Director: David Dickey Date:
1 ORDINANCE NO. XX-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS,
5 DIVISION 5. LOT SPLITS TO AUTHORIZE CERTAIN UNAPPROVED
6 LOT SPLITS OCCURRING PRIOR TO MARCH 16, 2010 UNDER THE
7 REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE REPEAL
8 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
9 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
14 law, and is expressly authorized to regulate the subdivision of land under Chapter 177, Florida
15 Statutes; and
16
17 WHEREAS, the City of Cape Canaveral has regulated and required property owners to
18 obtain City approval of the subdivision of land into two or more parcels since its incorporation in
19 1963; and
20
21 WHEREAS, on March 16, 2010, the City Council adopted for the first time, detailed lot split
22 regulations permitting property owners of a tract of land or lot that was previously platted or of
23 record to divide that land without platting and create one additional lot or tract; and
24
25 WHEREAS, notwithstanding the Citys land subdivision regulations, City staff has observed
26 on official maps and records that several property owners, prior to the adoption of the lot split
27 regulations in 2010, may have divided a tract of land or platted lot into two tracts or lots without
28 technically complying with the Citys land subdivision regulations by recording deeds on their own
29 accord in the official land records; and
30
31 WHEREAS, some of these unauthorized lot splits prior to 2010 appear to have been
32 conveyed to subsequent owners that may not have been aware that the lot or tract of land was
33 divided by the previous property owner without complying with the Citys subdivision regulations;
34 and
35
36 WHEREAS, rather than requiring these subsequent owners of the property to obtain
37 after-the-fact lot split or plat approval, for the tracts or lots subdivided prior to March 16, 2010,
38 the City Council desires to afford these subsequent property owners equitable relief and recognize
39 such unauthorized lot splits, provided such previous subdivisions of land satisfy certain terms and
40 conditions stated herein; and
41
42 WHEREAS, the Citys Planning & Zoning Board has reviewed ad made a recommendation
43 regarding this Ordinance at a duly held public meeting as required by law; and
44
1 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
2 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
3 Cape Canaveral.
4
5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
6 ORDAINS, AS FOLLOWS:
7 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
8 this reference as legislative findings and the intent and purpose of the City Council of the City of
9 Cape Canaveral.
10
11 Section 2. Amending Chapter 98, Subdivisions, Division 5. Lot Splits. The City
12 of Cape Canaveral Code of Ordinances, Chapter 98, Subdivisions, Division 5. Lot Splits is hereby
13 amended as set forth below (underlined type indicates additions and strikeout type indicates
14 deletions, while *** indicate deletions from this Ordinance of said Chapter, Article and Division
15 that shall remain unchanged in the City Code):
16
17 DIVISION 5. - LOT SPLITS
18
19 Sec. 98-66. - Lot splits.
20
21 The city council may by resolution at a public hearing grant waivers from the platting
22 requirements of this chapter for divisions of land that constitute a lot split.
23
24 (a) Definition. For purposes of this section, the term "lot split" shall mean a division of a
25 tract of land or lot that will result in the creation of exactly one additional lot or tract of land
26 provided the lot or tract of land to be split is a previously platted lot or legal description of record.
27
28 (b) Lot split review and processing. Every lot split shall be processed in the following
29 manner:
30
31 (1) Application. An application form provided by the community development
32 department shall be completed and filed with the department, accompanied with the following:
33
34 a. An application fee approved by the city council by resolution;
35 b. One or more paper copies of the proposed lot split as specified in the application
36 form and an electronic copy if requested by the department;
37 c. A statement indicating whether new streets, water, sewer, drainage structures or other
38 infrastructure are required off-site to provide sufficient access or municipal services to the subject
39 land; and
40 d. Legal descriptions and acreage of the two proposed lots or tracts of land and a scaled
41 drawing showing the intended division shall be prepared by a duly licensed land surveyor
42 registered in the state. If a lot or tract of land contains any principal or accessory structures, a
43 survey showing the structures on the lot or tract of land shall accompany the application.
1 e. A title opinion or report of the affected land verifying the record owner(s) and any
2 mortgage holders.
3
4 (2) City staff review.
5
6 a. Upon receipt of a complete lot split application, the planning official shall review and
7 forward to the appropriate city reviewing staff a copy of same and such other documents to
8 enable the city reviewing staff to review the application and either find the application to be
9 sufficient or point out areas that are inadequate or improper. The city attorney shall review the
10 title opinion or certification.
11 b. City reviewing staff shall return in writing all comments, recommendations and
12 questions to the applicant within 30 days of receipt of applicant's complete application.
13 c. Should any comment or recommendation made by the city reviewing staff require the
14 applicant to revise its submittal, the city reviewing staff shall review the revised submittal and
15 return all comments, recommendations and questions to the planning official, who shall then
16 forward all documents to the applicant.
17 d. Upon receiving satisfactory reviews from all of the city reviewing staff, the applicant
18 shall submit revised copies of the lot split and other information required by this section. The
19 number of copies required shall be determined by city staff. Upon receipt of all documents, the
20 planning official shall schedule the application for consideration by the planning and zoning
21 board.
22
23 (3) Public hearing. The planning and zoning board shall consider an application for lot
24 split at a duly noticed public hearing and shall vote to recommend approval or disapproval of the
25 lot split to the city council. Upon receipt of the planning and zoning board's recommendation, he
26 city council shall, at a duly noticed public hearing, either approve, approve with conditions, or
27 deny the proposed lot split. Any approval of a lot split shall be by resolution of the city council.
28
29 (4) Review criteria. Before any lot split is recommended for approval by the planning and
30 zoning board or approved by the city council, the applicant must demonstrate, and the planning
31 and zoning board or city council must find, that the proposed lot split meets the following criteria:
32
33 a. The proposed lot split shall in every respect meet the criteria established elsewhere in
34 this chapter and the city code for the category of zoning and other relevant codes and applicable
35 law under which the property is zoned.
36 b. The application is consistent with the city's comprehensive plan.
37 c. The application does not create any lots, tracts of land or developments that do not
38 conform to the City Code.
39 d. The application provides for proper ingress and egress to all affected properties
40 through a public or approved private street or perpetual cross access easements.
City of Cape Canaveral
Ordinance No. XX-2021
Page 3 of 6
1 e. The application is compatible and in harmony with the surrounding neighborhood
2 including with respect to the size of existing surrounding lots and development trends in the
3 neighborhood which have been previously approved by the city council.
4 f. The application does not create burdensome congestion on the streets and highways.
5 g. The application promotes the orderly layout and use of land.
6 h. The application provides for adequate light and air.
7 i. The application does not create overcrowding of land.
8 j. The application does not pose any significant harm to the adequate and economical
9 provision of water, sewer, and other public services.
10
11 (5) Special notice for residential lot splits. Any proposed lot split of a residentially zoned
12 property shall require special notice be provided to adjacent property owners at least 14 days
13 prior to the planning and zoning board and city council hearings on the proposed residential lot
14 split. Said notices shall be provided by regular mail to adjacent property owners within 500 feet
15 of the property subject to the lot split application, and shall include the address and legal
16 description of the subject property, and the date, time and location of the planning and zoning
17 board and city council hearings. Notice of the planning and zoning board and city council hearings
18 may be consolidated into one notice. Notices provided under this subsection are hereby deemed
19 to be courtesy notices only and the failure to provide or receive said notices shall not be a basis
20 of appealing any decision made under this section. Applicants shall be solely responsible for the
21 cost of the notices required by this subsection.
22
23 (c) Recording. Upon approval of any lot split by resolution of the city council, the
24 resolution of the city council shall be duly recorded in the official public records of Brevard County
25 and the lot split shall be reflected on the appropriate city maps and documents.
26
27 (d) Unapproved Lot Splits Prior to March 16, 2010. A lot split initiated by a property
28 owner and recorded in the official public records of Brevard County without the Citys written
29 approval prior to the adoption of this section on March 16, 2010 shall be recognized and
30 considered approved by the City for development permit purposes, without complying with the
31 requirements of this chapter, and an after-the-fact lot split permit will not be required, provided
32 each of the following requirements are satisfied:
33
34 a. Each of the two lots or parcels created by the lot split are adjacent and have direct
35 ingress and egress to a public or approved private street.
36 b. Each of the two lots or parcels created by the lot split comply with the minimum lot
37 size requirements set forth in the city code unless a waiver or variance is granted pursuant to
38 applicable law.
39 c. The current owner(s) of the affected lots or parcels was not the owner of the lot or
40 parcel at the time the unauthorized lot split occurred and was recorded in the official public
City of Cape Canaveral
Ordinance No. XX-2021
Page 4 of 6
1 records of Brevard County. Such owner(s) must comply with the lot split application requirements
2 and criteria set forth in this section and obtain an after-the-fact lot split permit.
3 d. The affected lots or parcels were not previously aggregated and unified together
4 to construct a building or structure permitted by the City.
5 e. The city manager or designee determines that the lots or parcels are compatible
6 and in harmony with the surrounding neighborhood including with respect to the size of existing
7 surrounding lots and development trends in the neighborhood which have been previously
8 approved by the city council.
9
10 (de) Restriction on additional lot split minor plat. No further division of an approved lot
11 split is permitted under this section, except through the plat review and approval process
12 procedures of this article.
13
14 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
15 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
16 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
17
18 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
19 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
20 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
21 and like errors may be corrected and additions, alterations, and omissions, not affecting the
22 construction or meaning of this ordinance and the City Code may be freely made.
23
24 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
25 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
26 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
27 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
28 the validity of the remaining portions of this Ordinance.
29
30 Section 6. Effective Date. This Ordinance shall become effective immediately upon
31 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
32 Charter.
33
34 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _____ day
35 of____________________________, 2021.
36
37
38
39 \[Signature Page Follows\]
40
City of Cape Canaveral
Ordinance No. XX-2021
Page 5 of 6
1
2
3
4
5
6 _______________________________
7 Bob Hoog, Mayor
8
9
10
11
12 ATTEST: For Against
13
14 Mike Brown _______ _______
15 ___________________________________
16 Mia Goforth, CMC Robert Hoog _______ _______
17 City Clerk
18 Mickie Kellum _______ _______
19
20 Wes Morrison _______ _______
21
22 Angela Raymond _______ _______
23
24
25 First Reading: ________________
26 Planning & Zoning Board: _____________
27 Advertisement: _______________
28 Second Reading: _____________
29
30
31 Approved as to legal form and sufficiency
32 for the City of Cape Canaveral only by:
33
34 __________________________________
35 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. XX-2021
Page 6 of 6
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING BOARDMEETING · JANUARY 27, 2021
AGENDA ITEM SUMMARY · ITEM # ___
Subject:Ordinance No. 10-2021; amending Section 110-486 of the City Code regulating vacation
rentals; making findings of facts; providing for definitions; requiring vacation rental registration;
requiring inspections; specifying duties of vacation rental owners and allowing agents; providing
existing contracts; providing
for maximum occupancy; providing limited exceptions for pre-
requirements of vacation rental owners and agents related to sexual predators and offenders;
requiring provisions for providing and posting safety information for occupants of vacation rentals;
providing restrictions related to accessory structures; providing enforcement; providing for other
miscellaneous provisions; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the Code, severability and an effective date.
Department:Community & Economic Development (CED) Department
Summary: Since approximately the late 1980s, the City of Cape Canaveral has had a minimum
seven (7) consecutive day rental restriction on residential property, the substance of which is
contained in Sec.110-487 of City Code, and which was upheld in Royal Mansions Condominium
Association, Inc. v. City of Cape Canaveral, Case No. 89-16393-CA-N.
In 2014, the Florida Legislature passed Senate Bill 356 (Chapter 2014-71, Laws of Florida), amending
the statute to read “\[a\] local law, ordinance, or regulation may not prohibit vacation rentals, or
regulate the duration or frequency of rental of vacation rentals, This paragraph does not apply to
any local law, ordinance, or regulation adopted before June 1, 2011.” Since the City had previously
adopted rules applicable to vacation rentals, the City’s seven (7) consecutive day vacation rental
restriction is currently grandfathered and exempt from State preemption.
Since the City last revised its Code related to vacation rentals, growth of this industry – both
nationally and in the City - has dramatically increased. It is reported that the vacation market in the
U.S. has grown more than 100 percent in the past three (3) years as evidenced by the doubling of
the number of Airbnb-style units, year-on-year. In fact, the City has experienced a 136% increase in
bookings year-over-year. This growth is particularly alarming in the City of Cape Canaveral where
we currently have 1,609 residential, non-homesteaded properties, which comprise approximately
43 percent of the total residential properties.
Although this growth has provided economic benefits – particularly to vacation rental owners - the
City Council, as well as the City’s full-time residents, are faced with the challenges associated with
transient rentals. Even with regulations, vacation rentals can disrupt the character of predominantly
full-time residential neighborhoods and create negative compatibility impacts, including excessive
and/or late night noise, parking violations, increased instances of police and code enforcement calls
for service and accumulation of trash, as well as impacts to public health, safety and welfare.
Monitoring and enforcement of these impacts has historically been difficult for Staff. Practical
enforcement requires a continuously updated registration database for vacation rentals and
continuous monitoring of the various websites utilized by vacation rental owners for bookings. This
requires sophisticated “web-crawling” tools which the City does not possess.
Furthermore, based on practical, first-hand observation, long-term experiences, information
learned from residents, City Staff, law enforcement and information from the U.S. Census, the City
Council finds that:
City of Cape Canaveral
Planning and Zoning Board Meeting · January 27, 2021
Agenda Item # ___
Page 2 of 5
1.Non-transient residents residing within their residential dwellings are inherently familiar
with the local surroundings, local weather disturbances, local hurricane evacuation plans,
and means of egress from their residential dwellings, thereby minimizing potential risks to
themselves and their families.
2. In contrast, transient occupants of vacation rentals, due to their transient nature, are typically
not familiar with local surroundings, local weather disturbances, local hurricane evacuation
plans, and means of egress from the vacation rentals in which they are staying, thereby
increasing potential risks to themselves and their families, and putting an additional burden
on, and potentially putting at risk, emergency personnel in the event of any emergency
situation.
3. Several hundred vacation rental units are likely located within residential zoning districts of
the City of Cape Canaveral.
4. Vacation rentals, left unregulated, can create negative impacts within a residential
neighborhood due to excessive noise, parking and traffic problems, excessive use and
impact on public services and public works and greater occupancy than surrounding owner
occupied houses and in some instances even exceed the maximum occupancy limits under
the International Property Maintenance Code.
5. Vacation rentals situated within a residential neighborhood can disturb the quiet nature and
atmosphere of the residential neighborhood, and the quiet enjoyment of its residents.
6. Vacation Rentals located within established residential neighborhoods can create negative
compatibility impacts relating to extreme noise levels, late night activities, on-street parking
issues and traffic congestion.
7. According to the 2010 U.S. Census, the City of Cape Canaveral has an average household
size of 1.76 persons, an average household size of owner-occupied units of 1.72 persons,
and an average household size of renter-occupied units of 1.8 persons.
8. Vacation rentals situated in a residential neighborhood can and do create a great disparity
in occupancy significantly above the average household size within Cape Canaveral.
Although Florida Law preempts a municipality from either prohibiting vacation rentals or regulating
the duration or frequency of rental of vacation rentals after June 1, 2011, the Florida Attorney
General and several Courts have recognized that a municipality still possesses the authority to enact
other kinds of regulations affecting vacation rentals including, but not limited to, registration
requirements, maximum occupancy, building, fire and safety inspection and signage. Furthermore,
the Florida Attorney General has opined that accessory structures used for sleeping purposes that
do not constitute a dwelling unit or house do not constitute a vacation rental and therefore, a
municipality may prohibit such structures from being independently rented out (Florida AGO 2018-
06).
Given the aforementioned facts and findings, the City Attorney has prepared the attached
Ordinance to adopt additional vacation rental regulations. Highlights of the Ordinance include:
1. Prior to initiating operation of a property as a vacation rental, a vacation rental owner shall
annually register the unit with the City. A separate registration shall be required for each
rental unit. The application for registration shall include:
a. A City-promulgated application form.
b. Payment of applicable nonrefundable fee (to be established by a subsequent resolution).
City of Cape Canaveral
Planning and Zoning Board Meeting · January 27, 2021
Agenda Item # ___
Page 3 of 5
c. A copy of the Florida Department of Business and Professional Regulation license (if
applicable).
d.Evidence or current account with Brevard County for the purpose of collecting tourist
development taxes.
e. Evidence of current certificate of registration with the Florida Department of Revenue for
the purposes of collecting sales surtaxes, transient rental taxes, and any other taxes as
applicable.
f. Copy of the current City business tax receipt.
g. Exterior site sketch, indicating off-street parking.
h. Interior site sketch.
A registration can be transferred when the ownership is sold or otherwise transferred.
2. A maximum overnight occupancy of a vacation rental shall be two (2) occupants per
bedroom, plus two (2) additional occupants per unit, excluding children under the age of six
(6) years old, subject, however, to a maximum occupancy of:
a. Eight (8) occupants per dwelling unit or house not exceeding 2,000 square feet under
enclosed air/roof;
b. Ten (10) occupants per dwelling unit or house between 2,001 and 3,000 square feet under
enclosed roof/air;
c. Twelve (12) occupants per dwelling unit or house between 3,001 square feet and 4,500
square feet under enclosed roof/air;
d. Fourteen (14) occupants per dwelling unit or house over 4,500 square feet under enclosed
roof/air.
Maximum occupancy limits shall not apply when the vacation rental is being physically
owner-occupied.
3. Establishes minimum safety and information notice requirements to be posted in a
prominent, conspicuous location in each vacation rental unit.
4. Establishes an annual inspection requirement for all vacation rental units to verify compliance
with applicable rules and regulations.
5. Establishes duties of vacation rental owners to include:
a. Registering a contact phone number which shall be monitored on a twenty-four (24) hour
a day, seven (7) days a week basis.
b. Be present at the annual vacation rental inspection.
c. Maintain for three (3) years, a log of all bookings of the vacation rental including dates
of each rental and number of occupants.
d. Inquiry prior to check-in, if any intended occupant is a sexual offender/predator and if
so, the Brevard County Sheriff’s Office shall be immediately notified.
6. It shall be unlawful for an owner to independently rent or lease an accessory structure as a
vacation rental used for sleeping.
Because of the difficulty enforcing vacation rentals, as previously discussed, Staff will present to City
Council a draft three-year Agreement with Host Compliance, a Division of Granicus, for vacation
rental registration and compliance. The service utilizes “web-crawling” to continually monitor and
report on the compliance profile for each vacation rental property. Evidence gathered on violations
will greatly assist the code enforcement process.
City of Cape Canaveral
Planning and Zoning Board Meeting · January 27, 2021
Agenda Item # ___
Page 4 of 5
Implementation of the program is a priority, as has been expressed by the City Council. Accordingly,
the Public Hearing schedule has been compressed/rearranged. Implementation of the vacation
rental program is proposed as follows:
st
January 19, 2021 Council Meeting – 1reading of Registration Ordinance
January 27, 2021 Planning and Zoning Board (PZB) Meeting – any amendment to the City’s
Land Development Regulations (Chapter 110) must be considered by the Planning and
Zoning Board prior to adoption
nd
reading of Registration Ordinance/Approval of
February 16, 2021 Council Meeting – 2
Granicus/Host Compliance Agreement/Fee Resolution
February 2021 – notice to vacation rental owners of Registration Ordinance by Host
Compliance.
March 1, 2021 effective date. Possibly provide 90-day registration deadline for vacation
rental owners.
As indicated above, the Council met on January 19, 2021, at which time they approved Ordinance
No. 10, 2021 at first reading. During its deliberation, the Council requested that the PZB specifically
provide feedback, prior to its second reading of the proposed Ordinance, on the need for the
following items:
1. Sec. 110-486 (f) - requires an annual inspection, as may be requested, of a vacation rental
verify compliance with provisions of the Florida Building Code, Fire Inspection Code,
to
International Property Maintenance Code and other applicable City Code sections.
2. Sec. 110-486 (d) – establishes maximum overnight occupancy limits for vacation rentals.
3. Sec. 110-486 (i) – the draft Ordinance restricts an owner from independently renting or
leasing, as a vacation rental, an accessory structure for sleeping.
4. Sec. 110-486 (g)(5) – requires an owner of a vacation rental maintain a three-year log of all
bookings of the unit to include dates and number of occupants.
5. Sec. 110-486 (h) – requires an owner to inquire, prior to check-in, if any intended occupant
is a sexual predator/offender.
Attachment:
Attachment 1 – Ordinance No. 10-2021
The CED Department Staff recommends the Planning and Zoning Boardtake the following
action:
Recommend Approval of Ordinance No. 10-2021 to the City Council, with a recommendation on
the need for the following items as contained in the draft Ordinance:
1. Sec. 110-486 (f) - requires an annual inspection, as may be requested, of a vacation rental
to verify compliance with provisions of the Florida Building Code, Fire Inspection Code,
International Property Maintenance Code and other applicable City Code sections.
2. Sec. 110-486 (d) – establishes maximum overnight occupancy limits for vacation rentals.
3. Sec. 110-486 (i) – the draft Ordinance restricts an owner from independently renting or
leasing, as a vacation rental, an accessory structure for sleeping.
4. Sec. 110-486 (g)(5) – requires an owner of a vacation rental maintain a three-year log of all
bookings of the unit to include dates and number of occupants.
City of Cape Canaveral
Planning and Zoning Board Meeting · January 27, 2021
Agenda Item # ___
Page 5 of 5
5. Sec. 110-486 (h) –requires an owner to inquire, prior to check-in, if any intended occupant
is a sexual predator/offender.
Approved by CED Director: David Dickey Date:
Њ ORDINANCE NO. 10-2021
Ћ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
Ќ CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING
Ѝ SECTION 110-486 OF THE CITY CODE REGULATING VACATION
Ў RENTALS; MAKING FINDINGS OF FACTS; PROVIDING FOR
Џ DEFINITIONS; REQUIRING VACATION RENTAL REGISTRATION;
А REQUIRING INSPECTIONS; SPECIFYING DUTIES OF VACATION
Б RENTAL OWNERS AND ALLOWING AGENTS; PROVIDING FOR
В MAXIMUM OCCUPANCY; PROVIDING LIMITED EXCEPTIONS
ЊЉ FOR PRE-EXISTING CONTRACTS; PROVIDING REQUIREMENTS
ЊЊ OF VACATION RENTAL OWNERS AND AGENTS RELATED TO
ЊЋ SEXUAL PREDATORS AND OFFENDERS; REQUIRING
ЊЌ PROVISIONS FOR PROVIDING AND POSTING SAFETY
ЊЍ INFORMATION FOR OCCUPANTS OF VACATION RENTALS;
ЊЎ PROVIDING RESTRICTIONS RELATED TO ACCESSORY
ЊЏ STRUCTURES; PROVIDING ENFORCEMENT; PROVIDING FOR
ЊА OTHER MISCELLANEOUS PROVISIONS; PROVIDING FOR THE
ЊБ REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
ЊВ RESOLUTIONS, INCORPORATION INTO THE CODE,
ЋЉ SEVERABILITY AND AN EFFECTIVE DATE.
ЋЊ
ЋЋ WHEREAS,
ЋЌ
ЋЍ more than three times in a calendar year for periods of less than thirty (30) days or one (1) calendar
ЋЎ -
ЋЏ advertised or held out for rental to guests for periods of at least thirty (30) days or one (1) calendar
ЋА month, whichever is less; and
ЋБ WHEREAS, Section 509.242(1)(c), Florida Statutes, further provides for a subset of
ЋВ
ЌЉ in a condominium or cooperative or any individually or collectively owned single-family, two-
ЌЊ family, three-family or four-family house or dwelling that is also a transient public lodging
ЌЋ establishment, but that is not a timeshare project; and
ЌЌ WHEREAS, it is the intent of this Chapter to regulate vacation rentals defined by Florida
ЌЍ Statutes, as well as other transient public lodging establishments that do not have on-site
ЌЎ management, which are located in residential zoning districts of the City of Cape Canaveral, which
ЌЏ ;
City of Cape Canaveral
Ordinance No. 10-2021
Page 1 of 16
Њ WHEREAS, in 2014, the Florida Legislature passed Senate Bill 356 (Chapter 2014-71, Laws
Ћ
Ќ prohibit vacation rentals, or regulate the duration or frequency of rental of vacation rentals. This
Ѝ paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1,
Ў 2011; and
Џ WHEREAS, since approximately the late 1980s, the City of Cape Canaveral has had a
А minimum seven (7) consecutive day rental restriction on residential property, the substance of
Б which is currently set forth in Section 110-487 of the City Code, and that durational restriction was
В upheld in Royal Mansions Condominium Association, Inc. v. City of Cape Canaveral, case No. 89-
ЊЉ 16393-CA-N; and
ЊЊ WHEREAS, the
ЊЋ rental restriction in residential areas is currently grandfathered and exempt from the state
ЊЌ preemption set forth in Section 509.032(7)(b), Florida Statutes; and
ЊЍ WHEREAS, although Section 509.032(7)(b) preempts a municipality from either
ЊЎ prohibiting vacation rentals or regulating the duration or frequency of rental of vacation rentals
ЊЏ after June 1, 2011, the Florida Attorney General and several courts have recognized that a
ЊА municipality still possesses the authority to enact other kinds of regulations affecting vacation
ЊБ rentals including, but not limited to, registration requirements, maximum occupancy, building, fire
ЊВ and safety inspections and signage. See, e.g., Fla. AGO 2016-12; Fla. AGO 2014-09; Eisenberg v.
ЋЉ City of Miami Beach, 1 F.Supp.3d 1327 (U.S. S.D. of Fla., March 3, 2014); and
ЋЊ WHEREAS,
ЋЋ opinion that accessory structures used for sleeping purposes that do not constitute a dwelling
ЋЌ unit or house do not constitute a vacation rental and therefore, a municipality may prohibit such
ЋЍ structures from being independently rented out. See Fla. AGO 2018-06; and
ЋЎ WHEREAS, the City of Cape Canaveral has a significant number of long established
ЋЏ residential neighborhoods, and if left unregulated, vacation rentals can create negative
ЋА compatibility impacts on residential neighborhoods, including disruption of the character of
ЋБ residential neighborhoods, excessive noise, parking that overwhelms use by local residents,
ЋВ increased instances of police and code enforcement calls for service and accumulation of trash,
ЌЉ as well as diminished public health, safety and welfare; and
ЌЊ WHEREAS, for purposes of protecting the character of existing residential neighborhoods
ЌЋ in the City from disruptive and incompatible uses and protecting the health, safety and welfare of
ЌЌ the community, the City Council desires to enact additional regulations pertaining to vacation
ЌЍ rentals while, at the same time, respecting law-
ЌЎ use their dwellings as vacation rentals in a manner that is consistent with state and local law and
City of Cape Canaveral
Ordinance No. 10-2021
Page 2 of 16
Њ any applicable private covenants and compatible with the residential character of the surrounding
Ћ neighborhood; and
Ќ WHEREAS, considering the unique nature of the vacation rental market, the purpose of
Ѝ these regulations is also to promote compliance with the City Code by vacation rental unit owners
Ў and their guests including, but not limited to, regulations pertaining to the minimum seven (7)
Џ consecutive day requirement, parking, noise, maximum occupancy and inspections; and
А WHEREAS, these regulations are also intended to protect renter safety; and
Б WHEREAS, based on information gleaned from the practical first-hand experience and
В observations of the City Council, common sense deduction of the City Council based on long term
ЊЉ experiences in the City of Cape Canaveral, information learned by City Council from various
ЊЊ residents, City Staff and law enforcement, and information from the U.S. Census, the City Council
ЊЋ finds:
ЊЌ (1) Non-transient residents residing within their residential dwellings
ЊЍ are inherently familiar with the local surroundings, local weather disturbances, local
ЊЎ hurricane evacuation plans, and means of egress from their residential dwellings,
ЊЏ thereby minimizing potential risks to themselves and their families.
ЊА (2) In contrast, transient occupants of vacation rentals, due to their
ЊБ transient nature, are typically not familiar with local surroundings, local weather
ЊВ disturbances, local hurricane evacuation plans, and means of egress from the
ЋЉ vacation rentals in which they are staying thereby increasing potential risks to
ЋЊ themselves and their families, and putting an additional burden on, and potentially
ЋЋ putting at risk, emergency personnel in the event of any emergency situation.
ЋЌ (3) Several hundred vacation rental units are likely located within
ЋЍ residential zoning districts of the City of Cape Canaveral.
ЋЎ (4) Vacation rentals, left unregulated, can create negative impacts
ЋЏ within a residential neighborhood due to excessive noise, parking and traffic
ЋА problems, excessive use and impact on public services and public works and
ЋБ greater occupancy than surrounding owner occupied houses and in some
ЋВ instances even exceed the maximum occupancy limits under the International
ЌЉ Property Maintenance Code.
ЌЊ (5) Vacation rentals situated within a residential neighborhood can
ЌЋ disturb the quiet nature and atmosphere of the residential neighborhood, and the
ЌЌ quiet enjoyment of its residents.
City of Cape Canaveral
Ordinance No. 10-2021
Page 3 of 16
Њ (6) Vacation Rentals located within established residential
Ћ neighborhoods can create negative compatibility impacts relating to extreme noise
Ќ levels, late night activities, on-street parking issues and traffic congestion.
Ѝ (7) According to the 2010 U.S. Census, the City of Cape Canaveral has
Ў an average household size of 1.76 persons, an average household size of owner-
Џ occupied units of 1.72 persons, and an average household size of renter-occupied
А units of 1.8 persons.
Б (8) Vacation rentals situated in a residential neighborhood can and do
В create a great disparity in occupancy significantly above the average household
ЊЉ size within Cape Canaveral; and
ЊЊ WHEREAS, according to Airbnb statistics, the City of Cape Canaveral was one of the most
ЊЋ popular destinations in the year 2020, based on a 136% increase in bookings year-over-year, and
ЊЌ such increase has contributed to some of the increased adverse secondary effects caused by
ЊЍ vacation rentals primarily within residential neighborhoods and on City services, and given the
ЊЎ increase in adverse secondary effects, the City Council finds that there is a legitimate government
ЊЏ interest at this time to adopt additional vacation rental regulations as more specifically set forth
ЊА in this Ordinance; and
ЊБ WHEREAS, the Citys Planning & Zoning Board has reviewed and made a
ЊВ recommendation regarding this Ordinance at a duly held public meeting as required by law; and
ЋЉ WHEREAS, the City Council hereby finds this Ordinance to be in the best interests of the
ЋЊ public health, safety and welfare of the citizens of Cape Canaveral.
ЋЋ NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
ЋЌ CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
ЋЍ Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
ЋЎ reference as legislative findings and the intent and purpose of the City Council of the City of Cape
ЋЏ Canaveral.
ЋА Section 2. Amendment of Section 110-486. Section 110-486 of the City Code of
ЋБ Ordinances is hereby amended to read as follows (underlined type are additions and strikeout
ЋВ type are deletions):
ЌЉ Sec. 110-486. Vacation rentals.
ЌЊ Nothing contained in the City Code shall be construed as prohibiting the use of any
ЌЋ dwelling unit as a "vacation rental," as defined by F.S. ch. 509. Vacation rentals shall comply with
ЌЌ the minimum seven-day rental restriction pursuant to section 110-487 of the City Code and shall
ЌЍ be governed by F.S. ch. 509, the Florida Building Code and the Florida Fire Prevention Code.
City of Cape Canaveral
Ordinance No. 10-2021
Page 4 of 16
Њ (a) Authority, Scope and Purpose.
Ћ (1) This section is enacted under the home rule power of the City of
Ќ Cape Canaveral in the interest of the health, peace, safety and general welfare, and
Ѝ to preserve the quiet nature and atmosphere of residential areas, and to ensure
Ў that the have the opportunity to maintain tranquility and peaceful
Џ enjoyment of their neighborhoods. This section shall be liberally construed to
А accomplish its purpose of regulating vacation rentals, protecting the residential
Б character of the City of Cape Canaveral, the health, safety, and general welfare of
В its residents and visitors, and the quiet enjoyment
ЊЉ residents of their residential property.
ЊЊ (2) This section is also enacted to better inform and protect transient
ЊЋ occupants of vacation rentals by requiring vacation rental owners to conspicuously
ЊЌ post minimum information related to health and safety and applicable local
ЊЍ regulations.
ЊЎ (3) The maximum overnight occupancy limits for vacation rental units
ЊЏ established herein are enacted to mitigate against the potential harms caused by
ЊА the unsafe overcrowding of vacation rentals by overnight transient occupants, as
ЊБ well as the incompatible nature of overcrowded transient vacation rentals with
ЊВ existing residential neighborhoods which statistically have a much lower average
ЋЉ household size based on U.S. Census data.
ЋЊ (4) This section does not prohibit vacation rentals, nor regulate the
ЋЋ duration or frequency of rental of vacation rentals, nor is it the intention of the City
ЋЌ of Cape Canaveral to do so, but rather this section is intended to address life safety
ЋЍ and compatibility concerns in the interests of the health, peace, safety, and general
ЋЎ welfare.
ЋЏ (5) Nothing contained in this section is intended to amend or repeal
ЋА the minimum seven (7) consecutive day rental restriction set forth in Section 110-
ЋБ 487 of the City Code which was enacted by the City prior to the statutory
ЋВ preemption date of June 1, 2011 under Section 509.032 (7)(b), Florida Statutes.
ЌЉ Section 110-487 shall remain in full force and effect.
ЌЊ (6) Notwithstanding any other provision of this section, pre-existing
ЌЋ contracts are exempt from the provisions of this section. If a vacation rental is cited
ЌЌ for a violation of the provisions herein, when the vacation rental is occupied under
ЌЍ the terms of a pre-existing contract, the vacation rental owner may raise the pre-
ЌЎ existing contract as an affirmative defense and defend such violation based on the
ЌЏ fact that the vacation rental was exempt from applicable provisions of this section
City of Cape Canaveral
Ordinance No. 10-2021
Page 5 of 16
Њ due to it being occupied pursuant to a pre-existing contract, provided the fact
Ћ finder determines by competent substantial evidence that the contract exists and
Ќ satisfies the definition of pre-existing contract. A pre-existing contract may not be
Ѝ raised as an affirmative defense to an alleged violation of any other provision of
Ў the City Code outside of this section.
Џ
А (b) Definitions.
Б The following terms as used in this section are defined as set forth hereinafter:
В means any room in a vacation rental which has a minimum of
ЊЉ 70 square feet, a bed or other place for sleeping and a separate closet that is an
ЊЊ integral part of the permanent construction within the bedroom or an en suite
ЊЋ bathroom and is located along an exterior wall with an emergency means of escape
ЊЌ and rescue opening to the outside, but shall not include a bathroom, a kitchen, a
ЊЍ dining room, or any main living area. A bedroom shall not constitute the only
ЊЎ means of access to other bedrooms or habitable spaces and shall not serve as the
ЊЏ only means of egress from other habitable spaces. If a room has been added,
ЊА altered, or converted without any required building permit having been granted,
ЊБ such room shall not be deemed a bedroom. If a previously approved bedroom in
ЊВ an existing vacation rental exists as of the effective date of this section, and does
ЋЉ not have a separate closet that is an integral part of the permanent construction
ЋЊ of the structure, but rather utilizes an armoire or other furniture piece for clothing
ЋЋ storage for at least two persons, the requirement for a closet to qualify as a
ЋЌ bedroom is waived.
ЋЍ means the annual period from October 1st through
th
ЋЎ September 30.
ЋЏ means any person who occupies a vacation rental overnight.
ЋА means the vacation rental is occupied by the owner of
ЋБ the vacation rental or other person(s), at the vacation rental o
ЋВ do not pay rent for the occupancy of the vacation rental, when such persons are
ЌЉ members of the family of the vacation rental owner. Family shall be defined as any
ЌЊ number of individuals related by blood, marriage or legal adoption, and not more
ЌЋ than four (4) persons not so related, living together as a single housekeeping unit.
ЌЌ Foster children are considered part of a family.
ЌЍ - means a duly executed written contract entered into
ЌЎ by a vacation rental owner and a future occupant prior to the enactment of this
City of Cape Canaveral
Ordinance No. 10-2021
Page 6 of 16
Њ section on \[INSERT ADOPTION DATE OF ORDINANCE\] under which the vacation
Ћ rental owner has agreed to rent a vacation rental to the occupant in compliance
Ќ with the minimum seven (7) consecutive day rental requirement under section 110-
Ѝ 487 of the City Code, if applicable.
Ў means any unit, group of units,
Џ dwelling, building, or group of buildings within a single complex of buildings which
А is rented to guests more than three (3) times in a calendar year for periods of less
Б than 30 days or 1 calendar month, whichever is less, or which is advertised or held
В out to the public as a place regularly rented to guests.
ЊЉ is defined under Florida Statutes and is currently defined
ЊЊ as any unit or group of units in a condominium or cooperative or any individually
ЊЋ or collectively owned single-family, two-family, three-family, or four-family house
ЊЌ or dwelling unit that is also a transient public lodging establishment but that is not
ЊЍ a timeshare project. A vacation rental is the entire dwelling unit or house. An
ЊЎ accessory structure where people are permitted to sleep that is not a lawfully
ЊЏ permitted separate dwelling unit or house is not a vacation rental. Further, one or
ЊА group of individual rooms independently rented or offered for rent apart from the
ЊБ entire dwelling unit or house is not a vacation rental.
ЊВ is the fee simple owner of the vacation rental,
ЋЉ whether an individual, partnership, corporation, limited liability company, trust, or
ЋЊ other entity. In the event the vacation rental owner is not an individual, each and
ЋЋ every person who owns twenty percent (20%) or more of the equitable interest in
ЋЌ the vacation rental shall also be deemed a vacation rental owner.
ЋЍ
ЋЎ (c) Registration
ЋЏ to City business tax
ЋА receipts. Prior to initiating the operation of a property as a vacation rental and prior to
st
ЋБ October 1 for each subsequent year, a vacation rental owner, either personally or through
ЋВ an agent, shall register with the City of Cape Canaveral utilizing forms promulgated by the
ЌЉ City. A leaseholder of an entire dwelling unit or house may also register the entire dwelling
ЌЊ or house as a vacation rental provided written consent of the vacation rental owner is filed
ЌЋ with the City along with verification of the lease. Registration may be conducted by
ЌЌ electronic means by the City and through a third-party contractor retained by the City for
ЌЍ such purposes. The City, with the approval of the City Manager, may extend the date that
ЌЎ , and prorate up to fifty percent
st
ЌЏ (50%) of the required registration fee for initial registrations filed after April 1. A separate
City of Cape Canaveral
Ordinance No. 10-2021
Page 7 of 16
Њ registration shall be required for each vacation rental. The operation of a vacation rental
Ћ without registration after the date registration is required shall be a violation of this
Ќ section, except in the instance of providing accommodations to fulfil a pre-existing
Ѝ contract as provided hereinafter. Upon receipt of written notice by the City that a vacation
Ў rental is in noncompliance with the registration requirements, the vacation rental owner
Џ or agent, as applicable, shall have a five (5) day grace period in which to register the
А vacation rental. Renting the subject vacation rental without registration after the five (5)
Б day grace period shall constitute a separate violation of this section for each day after the
В grace period.
ЊЉ (1) A vacation rental owner or agent, as applicable, registering a
ЊЊ vacation rental with the City shall submit to the City a completed registration form
ЊЋ utilizing the registration method established by the City, together with a
ЊЌ registration fee in the amount set by resolution of the City Council.
ЊЍ (2) A registration shall include the following submittals:
ЊЎ (i) A completed vacation rental registration form.
ЊЏ (ii) Payment of applicable fee which shall be nonrefundable.
ЊА (iii) A copy of the vacation r active license as a
ЊБ transient public lodging establishment with the Florida Department of Business
ЊВ and Professional Regulation, if the registrant is required to have such license.
ЋЉ (iv) A copy of the vacation rcertificate of
ЋЊ registration with the Florida Department of Revenue for the purposes of collecting
ЋЋ and remitting sales surtaxes, transient rental taxes, and any other taxes required by
ЋЌ law to be remitted to the Florida Department of Revenue.
ЋЍ (vi) A copy of the current City business tax receipt.
ЋЎ (vii) Evidence of the vacation r
ЋЏ Brevard County Tax Collector for the purposes of collecting and remitting tourist
ЋА development taxes and any other taxes required by law to be remitted to the
ЋБ Brevard County Tax Collector.
ЋВ (viii) Exterior site sketch. An exterior sketch of the vacation rental facility
ЌЉ shall be provided. The sketch shall show and identify the dwelling unit or house
ЌЊ and all structures, pools, spas, hot tubs, fencing, and uses, including areas provided
ЌЋ for off-street parking. For purposes of the sketch, off-street parking spaces shall
ЌЌ be delineated so as to enable a fixed count of the number of spaces provided. At
ЌЍ the option of the vacation rental owner, such sketch may be hand drawn, and need
ЌЎ not be professionally prepared.
City of Cape Canaveral
Ordinance No. 10-2021
Page 8 of 16
Њ (ix) Interior building sketch by floor. A building sketch by floor shall be
Ћ provided, showing a floor layout identifying all bedrooms, other rooms, exits,
Ќ hallways and stairways, as applicable. At the option of the vacation rental owner,
Ѝ such sketch may be hand drawn, and need not be professionally prepared.
Ў (3) If a registration form is incomplete, the registrant will be notified of
Џ the deficiency, and be allowed ten (10) days to provide any missing information or
А fees unless additional time is granted by the City for good cause.
Б (4) A vacation rental owner, either personally or through an agent, shall
В be required to amend the vacation rental registration in the following
ЊЉ circumstances:
ЊЊ (i) A change in ownership of the vacation rental;
ЊЋ (ii) An increase or decrease in the number of bedrooms in the vacation
ЊЌ rental;
ЊЍ (iii) An increase or decrease in the maximum occupancy of the vacation
ЊЎ rental; or
ЊЏ (iv) An increase or decrease in the number of parking spaces, or a
ЊА change in location of parking spaces for the vacation rental.
ЊБ (5) A vacation rental registration shall be based upon and valid for one
ЊВ (1) City fiscal year, and renewals shall be annually prior to the expiration date of
ЋЉ the previous vacation rental registration.
ЋЊ (6) A vacation rental registration is transferable when the ownership of
ЋЋ the vacation rental is sold or otherwise transferred, and the new owner has filed a
ЋЌ modification of the registration with the City within thirty (30) days from the date
ЋЍ of sale or transfer. If the new owner fails to timely modify the registration, any
ЋЎ existing registration related to the subject property shall be deemed null and void
st
ЋЏ on the thirty-first (31) day after such sale or transfer, and the new property owner
ЋА will thereafter be required to file a new registration form and pay a new registration
ЋБ fee.
ЋВ (7) The registration of vacation rental shall not be construed to
ЌЉ establish any vested right or entitle the registered vacation rental to any rights
ЌЊ under the theory of estoppel. Registrations accepted in error by the City or based
ЌЋ on false or misleading information may be freely revoked by the City upon written
ЌЌ notice to the vacation rental owner. Registration shall not be construed as a waiver
ЌЍ of any other requirements contained in the City Code or applicable law and is not
ЌЎ an approval of any other code requirement outside of acknowledging registration
City of Cape Canaveral
Ordinance No. 10-2021
Page 9 of 16
Њ with the City under this section. The registration of a vacation rental is not an
Ћ approval of a use or activity that would otherwise be illegal under applicable law
Ќ and does not in any way limit or prevent the City from enforcing applicable law.
Ѝ (8) It shall be a violation of this section for any person to provide false
Ў or misleading information in connection with any application for registration,
Џ modification or renewal of a vacation rental as required by this section.
А
Б (d) Maximum Overnight Occupancy.
В (1) The maximum overnight occupancy of a vacation rental shall be two (2)
ЊЉ occupants per bedroom (as defined herein), plus two (2) additional occupants per vacation
ЊЊ rental, excluding children under the age of six (6) years old, up to a maximum occupancy
ЊЋ of:
ЊЌ (i) Eight (8) occupants per dwelling unit or house not exceeding 2,000 square
ЊЍ feet under enclosed roof/air;
ЊЎ (ii) Ten (10) occupants per dwelling unit or house between 2,001 and 3,000
ЊЏ square feet under enclosed roof/air;
ЊА (iii) Twelve (12) occupants per dwelling unit or house between 3,001 square
ЊБ feet and 4,500 square feet under enclosed/air; or
ЊВ (iv) Fourteen (14) occupants per dwelling unit or house over 4,500 square feet
ЋЉ under enclosed roof/air.
ЋЊ hours
ЋЋ of 10:00 p.m. and 7:00 a.m. the following day. Square footage shall be determined
ЋЌ based on data contained in a floor plan prepared by a duly licensed engineer,
ЋЍ recorded official condominium declarations or the Brevard County Property
ЋЎ icial website.
ЋЏ (2) Notwithstanding the maximum occupancy restrictions set forth in
ЋА subsection (1), the occupancy of a vacation rental shall not exceed the maximum
ЋБ occupancy permitted by the Florida Building or Fire Prevention Code or International
ЋВ Property Maintenance Code if less than the requirements allowed by this section.
ЌЉ (3) The maximum occupancy restrictions set forth in subsection (1) shall not
ЌЊ apply when the vacation rental is being physically owner occupied.
ЌЋ (4) If the vacation rental owner has a pre-existing contract booking a vacation
ЌЌ rental prior to the adoption of this subsection (d) that exceeds the maximum occupancy
City of Cape Canaveral
Ordinance No. 10-2021
Page 10 of 16
Њ requirements, the vacation rental owner shall request in writing that the City exclude the
Ћ pre-existing contractual booking from the requirements set forth in this subsection (d).
Ќ The written request must be submitted on a form prescribed by the City, which shall be
Ѝ submitted under oath and penalties of perjury, and provide verifiable proof of the pre-
Ў existing contract, number of occupants and number of bedrooms. Only verifiable and pre-
Џ existing contracts approved by the City shall be excluded from the requirements of this
А subsection, and then the exclusion shall only apply to the specific date, time and duration
Б of the pre-existing booking. It is the intent and purpose of this subsection to allow the
В vacation rental owner to honor the terms and conditions of such pre-existing contracts
ЊЉ entered into prior to the enactment of this subsection (d) that exceed the maximum
ЊЊ occupancy requirements.
ЊЋ
ЊЌ (e) Posting of Safety and Information Notice.
ЊЍ (1) In each vacation rental, there shall be provided and posted, in a
ЊЎ prominent, conspicuous location, the following minimum written information:
ЊЏ (2) The name, address and phone number(s) of the vacation rental
ЊА owner or agent, as applicable. The phone number required by subsection (g) must
ЊБ be listed at a minimum.
ЊВ (3) The maximum occupancy of the vacation rental.
ЋЉ (4) The Cape Canaveral address and telephone number for the Brevard
ЋЊ
ЋЋ (5) A copy of document to be supplied by the City which includes
ЋЌ excerpts from the City of Cape Canaveral Ordinance provisions of general
ЋЍ application relevant to vacation rentals to include solid waste pick-up regulations,
ЋЎ parking restrictions, regulations related to sea turtles and sea turtle lighting, and
ЋЏ beach, park and nuisance regulations. The City will make available to vacation
ЋА rental owners and agents a copy of such document in digital format upon request,
ЋБ and the City will post such document on its website.
ЋВ (6) The maximum number of vehicles that can be parked at the
ЌЉ vacation rental, along with a sketch of any off-street parking space locations
ЌЊ including any existing driveway and parking garage.
ЌЋ (7) The days and times of trash pickup.
ЌЌ (8) The location and telephone number of the nearest hospital.
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Ordinance No. 10-2021
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Њ (9) The location of any additional off-site parking spaces for occupants
Ћ and guests of the vacation rental, if available and needed.
Ќ
Ѝ (f) Inspections.
Ў (1) An inspection of a vacation rental to verify compliance with the provisions
Џ of this section, the Florida Building Code, Florida Fire and Life Safety Codes and
А International Property Maintenance Code may be requested by the City on an annual basis
Б or as needed to address code compliance issues. Upon such request, the inspection shall
В be made by the City through appointment with the vacation rental owner or agent, as
ЊЉ applicable. Upon conclusion of the inspection, the City will inform the vacation rental
ЊЊ owner or agent in writing of any non-compliance issues that must be remedied by the
ЊЋ vacation rental owner.
ЊЌ (2) If the vacation rental owner or agent, as applicable, does not make the
ЊЍ vacation rental available for inspection within twenty (20) days after notification by the
ЊЎ City, in writing, that the City is ready to conduct the inspection, said failure shall constitute
ЊЏ a violation of this section. Such violation shall continue until the inspection is
ЊА accomplished. Each day that such violation continues shall be a separate violation.
ЊБ (3) This section shall not be construed
ЊВ under the Florida Building Code, Fire Prevention Code or International Property
ЋЉ Maintenance Code to conduct required safety and permit inspections
ЋЊ authority to seek an administrative search warrant under applicable law.
ЋЋ
ЋЌ (g) Duties of Vacation Rental Owner to be Available.
ЋЍ
ЋЎ (1) The duties and functions of a vacation rental owner may, at the option of
ЋЏ the vacation rental owner, be performed by a designated agent of the vacation rental
ЋА owner, so long as the vacation rental owner notifies the City, in writing, on a designated
ЋБ agent form provided by the City, of the identity and contact information of such agent,
ЋВ and the specific duties that the agent will be performing for the vacation rental owner.
ЌЉ The vacation rental owner may change the designation of agent at any time through the
ЌЊ filing of a new form and the payment of an administrative fee in an amount as set by
ЌЋ resolution by the City Council. A designated agent may be held accountable for violations
ЌЌ of this section with respect to the applicable vacation rental assigned to the agent.
ЌЍ However, the vacation rental owner shall be held responsible for all actions of such
ЌЎ designated agent.
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Ordinance No. 10-2021
Page 12 of 16
Њ (2) A vacation rental owner or designated agent, as applicable, shall register a
Ћ contact telephone number with the City which shall be monitored and answered by the
Ќ vacation rental owner or designated agent on a twenty-four (24) hour a day, seven (7) days
Ѝ a week basis to respond to police, fire or other emergency personnel requests, the needs
Ў of occupants staying at the vacation rental and responding to complaints regarding the
Џ conduct or behavior of occupants and their guests. The contact number shall be required
А to be posted on the notice required by subsection (e). Otherwise, a vacation rental owner
Б or designated agent, as applicable, must also register a telephone number to respond to
В
ЊЉ Saturday, 9:00 a.m. to 5:00 p.m.
ЊЊ (3) A vacation rental owner must be willing and able to be physically present
ЊЋ at the vacation rental for inspections required by this section and upon notification of code
ЊЌ or law enforcement or fire/EMS personnel for issues related to the vacation rental, and
ЊЍ shall be physically present within sixty (60) minutes of notification unless otherwise
ЊЎ required by such personnel.
ЊЏ (4) Conduct on-site inspections of the vacation rental at the end of each rental
ЊА period to ensure continued compliance with the requirements of this section.
ЊБ (5) Maintain for three years a log of all bookings of the vacation rental
ЊВ including the dates of each rental and number of occupants and said log shall be available
ЋЉ for inspection by the City to determine compliance with this section. Nothing herein shall
ЋЊ be construed to require the provision of personal information of the occupants.
ЋЋ (h) Duty of Vacation Rental Owner - Sexual Offenders/Predators.
ЋЌ (1) A vacation rental owner or designated agent, as applicable, shall inquire
ЋЍ prior to check-in, if any intended occupant at the vacation rental is a sexual
ЋЎ offender/predator as defined by the Florida Sexual Predators Act (§ 775.21, Fla. Stat.), §
ЋЏ 944.606, Fla. Stat. or other applicable law. If any occupant of a vacation rental is a sexual
ЋА offender/predator, the vacation rental owner or agent shall immediately notify the
ЋБ
ЋВ (2) A vacation rental owner or designated agent is responsible for ensuring
ЌЉ that sexual offenders/predators residing within the vacation rental register with the
ЌЊ Br
ЌЋ Statutes, at least 48 hours prior to arrival at a vacation rental, regardless of length of stay.
ЌЌ (3) Pursuant to Section 74-102 (f), Brevard County Code of Ordinances, a
ЌЍ vacation rental owner or designated agent shall not rent a vacation rental to an occupant
ЌЎ that is a sexual offender/predator in violation of the distance separation requirements
City of Cape Canaveral
Ordinance No. 10-2021
Page 13 of 16
Њ between homes and any school, child care facility, park, playground or other place where
Ћ children regularly congregate.
Ќ (4) A violation of this subsection by a vacation rental owner or designated
Ѝ agent shall be subject to a $500 penalty per violation.
Ў
Џ (i) Accessory Structures Used as Sleeping Facility.
А It shall be unlawful to independently rent or lease as a vacation rental, or otherwise,
Б an accessory structure used for sleeping that is not lawfully permitted by the City as a
В separate dwelling unit or house; or register such structure under this section. However,
ЊЉ an accessory structure used for sleeping as part of the principal dwelling or house
ЊЊ registered as a vacation rental may be included with the registration of the principal
ЊЋ dwelling or house if the accessory structure satisfies the definition of bedroom under this
ЊЌ section subject to the maximum occupancy restrictions set forth in subsection (d).
ЊЍ
ЊЎ (j) Independently Renting Rooms Prohibited.
ЊЏ It shall be unlawful to independently rent or offer for rent individual rooms or
ЊА groups of rooms apart from the entire dwelling unit or house as a vacation rental.
ЊБ
ЊВ (k) Commercial Use of Property; Entertainment Venue Prohibited.
ЋЉ A vacation rental shall not be used or advertised for any commercial or non-
ЋЊ residential use, including use of the property primarily as a party, event or entertainment
ЋЋ venue or social hall.
ЋЌ
ЋЍ (l) Compliance with Codes; Enforcement; Penalties.
ЋЎ (1) In addition to the provisions of this section, vacation rental owners, designated
ЋЏ agents, occupants and guests of the vacation rental shall comply with the provisions of
ЋА this section and all other applicable local, state and federal laws, regulations, rules and
ЋБ h violations shall be handled
ЋВ by the City in the customary code enforcement manner, and the City may pursue such
ЌЉ code enforcement, administrative and/or judicial action as deemed necessary and allowed
ЌЊ by law to gain current and future compliance by the violator.
City of Cape Canaveral
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Page 14 of 16
Њ (2) Any person owning, renting, operating or using a vacation rental in
Ћ violation of this section shall be subject to the penalties set forth in section 1-15 unless
Ќ otherwise specifically set forth in the City Code, and to all applicable enforcement
Ѝ measures and penalties authorized by law. Any person operating a vacation rental without
Ў registering as required by this section shall be subject to a penalty of $100.00 for the first
Џ offense, $250.00 for the second offense, and $500.00 for each subsequent offense
А thereafter.
Б
В Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
ЊЉ inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
ЊЊ and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
ЊЋ
ЊЌ Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
ЊЍ Cape Canaveral City Code and any section or paragraph, number or letter and any heading may
ЊЎ be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical
ЊЏ and like errors may be corrected and additions, alterations, and omissions, not affecting the
ЊА construction or meaning of this Ordinance and the City Code may be freely made.
ЊБ
ЊВ Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
ЋЉ provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
ЋЊ competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
ЋЋ be deemed a separate, distinct and independent provision, and such holding shall not affect the
ЋЌ validity of the remaining portions of this Ordinance.
ЋЍ
ЋЎ Section 6. Effective Date. This Ordinance shall become effective immediately upon
ЋЏ adoption.
ЋА
ЋБ ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _____ day
ЋВ of_______________________, 2021.
ЌЉ
ЌЊ
ЌЋ
ЌЌ
ЌЍ
ЌЎ \[Signature page follows\]
ЌЏ
ЌА
ЌБ
ЌВ
ЍЉ
ЍЊ
City of Cape Canaveral
Ordinance No. 10-2021
Page 15 of 16
Њ
Ћ _________________________________________
Ќ Bob Hoog, Mayor
Ѝ
Ў
Џ ATTEST: For Against
А
Б Mike Brown _______ _______
В ___________________________________
ЊЉ Mia Goforth, CMC Robert Hoog _______ _______
ЊЊ City Clerk
ЊЋ Mickie Kellum _______ _______
ЊЌ
ЊЍ Wes Morrison _______ _______
ЊЎ
ЊЏ Angela Raymond _______ _______
ЊА
ЊБ First Reading: January 19, 2021
ЊВ Planning & Zoning Board: _________________
ЋЉ Advertisement: ____________________________
ЋЊ Second Reading: __________________________
ЋЋ
ЋЌ
ЋЍ Approved as to legal form and sufficiency
ЋЎ for the City of Cape Canaveral only by:
ЋЏ
ЋА __________________________________________
ЋБ Anthony A. Garganese, City Attorney
ЋВ
ЌЉ
City of Cape Canaveral
Ordinance No. 10-2021
Page 16 of 16